David Marriott Interviewed by World Intellectual Property Review in Connection with Victory for Photographers Donald Graham and Eric McNatt

On February 5, 2024, World Intellectual Property Review interviewed Cravath partner David R. Marriott in connection with his representation of photographers Donald Graham and Eric McNatt in winning judgments against appropriation artist Richard Prince and his co defendants Laurence Gagosian, Gagosian Gallery and Blum & Poe gallery, in a case with important implications for copyright law and its application to art and technology.

The feature quotes the CEO of the Copyright Alliance in describing the judgments as “groundbreaking” and “among the most important fair use decisions in decades.”

In the interview, Dave highlighted the important role of multiple Cravath lawyers on the cases over eight years, including partner David J. Kappos and of counsel Christopher P. Davis. “Our strategy was to stay focused on our core objectives,” he noted. “This meant less attention to damages and financial imperatives generally… We did not want money to be the focus of these cases, which to us were about higher principles of fairness and respect for law.”

The final judgments, added Dave, demonstrate “that copyright has a vital role to play in the digital age,” as it has since the nation’s founding. “The founders recognised the importance of incentivising creativity when they hardwired copyright into our Constitution. Copyright’s fundamental incentivising purpose is no less important now than it was then.”

Please click here to read more about the judgments for Graham and McNatt.